2019 (5) TMI 1125

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....ome Tax Act, 1961 arising out of the orders dated 18.10.2013 & 19.02.2016 respectively for the Assessment Year 2011-12. ITA No.903/Ahd/2015 for A.Y. 2011-12: 2. The assessee, a public charitable trust engaged in education activities, filed its return of income on 27.07.2012 declaring total income of Rs. 1,63,420/- which was processed u/s 143(1) of the Act on 28.12.2012. Subsequently, under scrutiny notice u/s 143(2) dated 07.08.2013 was issued. In response whereof the assessee by and under a forwarding letter dated 04.09.2013 filed a copy of audit report dated 18.06.2012 with the copies of various TDS statement along with the order passed by the Learned CIT, Gandhinagar on application for grant of approval for renewal u/s 80G(5) of....

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.... assessee was denied to the tune of Rs. 17,50,000/- and added to the total income of the assessee. In appeal, the contention made by the Learned AR was accepted by the Learned CIT(A) and the addition was upheld. Hence, the instant appeal before us. 3. At the time of hearing of the instant appeal, the Learned Counsel appearing for the assessee submitted before us that the Form No.10 submitted by the assessee inadvertently was not filled up in the column qualifying the purpose of the accumulated sufficient funds of the trustee. Though the same discrepancy was detected by the Learned AO during the course of assessment proceeding, the same was never communicated to the appellant. Had it been communicated to the appellant in due time, the app....

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....Learned CIT(A) neither the application under Rule 46A. He then upheld the addition made by the Learned AO basically solely on the ground that the object of the accumulated fund was not sufficient in Form No.10 submitted before the Learned AO. It is the case of the assessee that such defect was subsequently cured and submitted before the Learned CIT(A) though the same was not taken into consideration by the Learned CIT(A) in its proper prospective. Such mistake is curable one and the same ought to have been accepted by the Learned CIT(A) in appeal while deciding the issue as also submitted by the Learned AR in view of the basic principle of natural justice by offering an opportunity of being heard to the assessee upon taking into consider....